My wife and I are over 60, and we each have conditions which might be treated with medical marijuana. We each work at corporations that do random drug tests. Can we be fired if we get tested and cannabis is detected?
It depends. Although cannabis is legal in Latest York, an employer is free to fireside or take other hostile motion against an worker who uses marijuana at work or shows up under its influence — even when taken to treat a medical condition. The understanding is that marijuana use to deal with a health condition must occur if you end up off the clock and at intervals that mean you can work if you end up not under the influence. The complication is that cannabis could be detected for weeks or months after use. Nonetheless, as an authorized medical marijuana patient, you might be classified as disabled under Latest York law and due to this fact a member of a protected class. As such, your employer must engage in faith interactive process to evaluate your needs and see if there’s a strategy to accommodate your use of medical marijuana that doesn’t impose an undue hardship on the employer.
Someone on my staff who works remotely has a second full-time job. I discovered his LInkedIn profile, and he has two current full-time roles listed. After I confronted him, he said that I’ve been comfortable along with his performance, so why does it matter if he can juggle each? Can I make him quit his other job or fire him if he doesn’t?
You possibly can fire him for stupidity. Nobody believes that they will work two full-time jobs concurrently without telling the employers and think it’s OK. He didn’t ask, he didn’t tell, but he put it on LinkedIn! You possibly can require that he surrender the opposite job or lose this one, or you may simply fire him. I’m undecided what he does or how long this has been occurring, but I’m curious that you just didn’t notice any impact on his performance or availability. Many corporations have policies that state employees may not engage in other work while with the corporate, which goes to be more essential as more employees work remotely and it’s harder to maintain tabs on how they’re spending their time.
Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Weds. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. E-mail: GoToGreg@NYPost.com. Follow: GoToGreg.com and on
Twitter: @GregGiangrande